Insofar as the Mother’s residency standing presents a danger that she might be separated from the kids, the undertakings would remove an obstacle to her return to Dubai, ought to she want to do so. Three S.C.R. 551, at p. 599). Here, the undertakings which can be directed at easing the Mother’s precarious residency standing were, for the trial choose, protecting measures that promoted the best pursuits of the kids within the event that the Mom did resolve to return.

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Skip to Foremost Content material Efficient SEPTEMBER 1, 2023, OUR Lobby Stroll-IN HOURS Will likely be 9 A.M. 4 P.M. (CENTRAL), MONDAY - FRIDAY. The answers to our Often Requested Questions are provided for informational functions and aren't meant to offer authorized advice or to substitute for the recommendation of an lawyer.

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380). However this hope didn't blind him to the chance that she may not achieve this. As an illustration, the trial judge explicitly thought of what would happen to the children if "she chooses . Dubai" (para. 381). Likewise, the trial decide mentioned that he was "not sure" the Mother would stay behind in Ontario - but instantly thereafter turned to contemplate what his evaluation could be if he did imagine her evidence about not returning to Dubai (para.

The trial decide assessed the entirety of the testimony he had heard. On the premise of that evaluation, he made "four key findings" from the professional proof (para. 294). On the international legislation, the perfect interests of Z. and E. would be the paramount consideration in figuring out custody in Dubai, and the settlement proposed by the Father, if agreed to by the Mom, might be incorporated into a legitimate court order in Dubai and could be enforceable.

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23 analysis. Even if the trial decide had sought to depend on the alternate care proposed by the father to mitigate the harm that the kids would endure if separated from their mom, it's difficult to grasp how being cared for by the proposed alternate caregivers might adequately mitigate the hurt that the children would endure if they are separated from their mother.

Given the discretionary, individualized and fact-specific character of the serious harm evaluation, a trial judge’s findings are owed deference. Appellate courts cannot put aside a trial judge’s conclusion on critical hurt simply on the idea that they might have weighed the proof in a different way. One related question as to the scope of the s.

I would dismiss the enchantment, with prices. I wouldn't disturb the prices orders in the courts below. The reasons of Karakatsanis, Brown, Martin and Jamal JJ. I have had the advantage of the explanations of my colleague Justice Kasirer. I agree with my colleague’s discussion of the background facts, decisions under, statement of issues, and applicable legal principles, however I part company with him in making use of the regulation to this case.

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